PART 3.  ENFORCEMENT OF INSTRUMENTS

     §490:3-301  Person entitled to enforce instrument.  "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 490:3-309 or 490:3-418(d).  A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. [L 1991, c 118, pt of §1]

Law Journals and Reviews

  Now Where Did That Mortgage Note Go?  A Two-Act Play Under U.C.C. §3-301 And 11 U.S.C. §1141(c).  15 HBJ, no. 13, at 71 (2013).

Case Notes

  Where there was no evidence in the record showing that the blank indorsement on a promissory note occurred prior to the initiation of a foreclosure action, there was a genuine issue of material fact as to whether the plaintiff was entitled to foreclose when it commenced proceedings.  139 H. 361, 390 P.3d 1248 (2017).

  A third party unrelated to a mortgage securitization pooling and servicing agreement, as evinced through mortgage documents deemed admissible through declaration as records of regularly conducted activity pursuant to rule 803(b)(6) of the Hawaii rules of evidence, lacks standing to enforce an alleged violation of its terms unless the violation renders the mortgage assignment void, rather than voidable, within the judicial foreclosure context.  140 H. 26, 398 P.3d 615 (2017).